68-year-old Flavio Cianflone pleaded guilty to uncommon assault and was handed a conditional discharge and one-year probation. (themusichord.com)
Unwanted advances

Nanaimo music teacher pleads guilty to inappropriate contact with student

Apr 29, 2021 | 5:17 PM

NANAIMO — A music teacher vowed he learned his lesson after personal exchanges he initiated were unwanted by a Nanaimo teenager.

Flavio Livio Cianflone, 68, pleaded guilty on Thursday, April 29 to a downgraded charge of common assault in relation to an inappropriate and unwanted touching complaint from a student under 16-years-old.

He was handed a conditional discharge and 12 months probation for his conduct which occurred over the course of a year and a half beginning early in 2018.

Judge Paul Dohm outlined the facts of the case involved hugs, kissing on the cheek and touching the complainant on the legs and other areas during guitar lessons.

“She didn’t expressly say that, but Mr. Cianflone didn’t not take any steps to ensure that she was comfortable with that, she clearly wasn’t.”

The judge said Cianflone’s conduct was concerning given his position of trust, but said he’s encouraged by Cianflone’s high level of remorse and otherwise exemplary reputation.

“It becomes inappropriate when you do not have the consent of the other person to do that and that’s where the law draws the line.”

Court was told Cianflone has no criminal history and had no other complaints for his conduct were lodged in his many years of providing music lessons.

Cianflone told court he’s remorseful and regrets his behaviour, saying he never intended for his student to feel uncomfortable.

The dual Canadian-Italian citizen said while living in Winnipeg he learned hand-shake greetings for friend, family members or new people weren’t ways to properly show respect.

“The hugging and the cheek-kissing, cheek-to-cheek whether it’s a male or a female, whether it’s a young adolescent that’s just the way things are done in Winnipeg,” Cianflone told court via sentencing hearing conducted over the phone.

Cianflone said he now realizes his behaviour isn’t acceptable.

A letter submitted to the court from the victim said she was negatively impacted by Cianflone’s behavour and his conduct wasn’t appreciated.

Cianflone won’t have a criminal record if he abides by his year-long probationary conditions. The main features of his probation are no-contact orders with the victim and her family and not being in the presence of a person under 16-years-old unless another adult is present.

Cianflone switched to virtual music lessons during the pandemic, court was told.

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